A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant is the actual operator of C Company in Daegu Northern-gu B.

1. Around December 16, 2011, the Defendant: (a) concluded a lease contract with the victim Filisung Capital Co., Ltd. and the Defendant on the part of the Defendant’s office for the repair of the said machinery at KRW 30 million, a deposit of KRW 60 million, a monthly payment of KRW 115,89, and KRW 24 months for the said machinery; (b) concluded a lease contract with the employees of the Defendant’s company for the said machinery and kept the said machinery for the victim; (c) even though the employees failed to obtain the ownership of the said machinery in full due to the failure to pay the lease contract payments, the Defendant embezzled the said machinery at will by selling the said machinery at around April 201 to the trade business operators under the name of the machinery, who did not have acquired the ownership of the said machinery for KRW 13.5 million.

2. On April 16, 2012, the Defendant entered into a lease contract with the victim as to one machine of the C&T H -1100, a down payment of KRW 36 million, deposit of KRW 12,600,000, monthly payment of KRW 1,102,206, and monthly payment of KRW 24 months, and entered into an authentic deed of transfer to security in order to provide security to D, on or around May 4, 2012, the Defendant embezzled the said machine by arbitrarily providing D with security by means of transfer, even though the Defendant was unable to fully pay the lease payment, and the Defendant was not yet entitled to ownership of the said machine, as it was included in the object of the notarial deed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A lease contract, a written estimate, or a sales contract of goods;

1. Application of Acts and subordinate statutes on notarial deeds;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of criminal facts;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.